6
consequently the spouses decided to turn off the telephone bell during
the night;
xiii)
On the other hand, an officer of the Third Investigation Court of
San Salvador that was hearing the case, reported that he had received
threats in his pager. While he was taking the statement to one of the
indicted persons in the case, he received an anonymous and
threatening message; and
c)
the IDHUCA officers have received anonymous and threatening
telephone calls and text messages, to wit:
i)
On October 4, 1995, José Benjamín Cuéllar-Martínez, director of
IDHUCA, counselor of the García-Prieto-Giralt family, Simon AyalaVigil and Luis Romeo García-Aleman, were robbed by two armed men
while they were in the premises of IDHUCA;
ii)
On September 14, 2005, at 01.18 p.m. and on December 25,
2005, at 01.04 p.m., José Benjamín Cuéllar-Martínez received a text
message on his mobile phone, each day. The calls were made from
telephone number 79–75–48–06;
iii)
On December 25, 2005, three messages were received by a
mobile telephone registered to the name of Matilde Guadalupe
Hernández de Espinoza, but used by her husband, Paulino Espinoza.
The messages had been sent from telephone number 79–75–48–06;
iv)
On March 15 and 25 and April 10, 2006, in the cell phones of
José Benjamín Cuéllar-Martínez and José Roberto Burgos-Viale,
lawyers of IDHUCA, text messages were received from telephone
number 78-60-15-15, at 02:40 p.m., at 01.00 p.m. and at 06.00 p.m.
respectively; and
v)
On April 12, 2006, when José Benjamín Cuéllar-Martínez had
gone abroad on vacation, José Roberto Burgos-Viale received a call in
his cell phone but the number of the incoming call did not appear in
the cell phone display. When answering the call, a stranger shouted at
him: “[…], and human rights do not allow you to afford a trip? We
gonna kill you!”
4.
The Commission’s conclusion in the sense that
[…] several members of the García-Prieto family and their legal representatives were
threatened, followed, harassed and attacked, both personally and in their property. The
next of kin of Ramón Mauricio García-Prieto-Giralt and their legal counselors deem said
threats are the consequence of their ongoing attempt to get justice done and of the fact
that one of the perpetrators of the murder of Ramón Mauricio García-Prieto-Giralt and
the masterminds have not been punished. Furthermore, other persons related to the
proceedings, such as the lawyers and court officers, have also received threats and
pressures.
[…] The lack of a court determination of the origin of said threats and attacks is an
element that increases the risk of the beneficiaries of the measures hereby requested.
The Commission has sustained, in a statement that is applicable to this request, that the
most efficient means to protect the defenders of the human rights in this part of the
world is to effectively investigate the acts of violence committed against them and to
punish those responsible for them.
5.
The extreme seriousness and urgency reasons presented by the Commission
regarding the situation of the next of kin of Ramón Mauricio García-Prieto-Giralt and
their legal counselors, as said persons have received several “threats of death”
during the effectiveness of the provisional measures ordered by the Commission. It